Land Use Code

Article 3. DEVELOPMENT REGULATIONS

DIVISION 2. DEVELOPMENT CRITERIA

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SECTIONS:

3.2.1 PURPOSE
3.2.2 PRINCIPAL LAND USE
3.2.3 PRINCIPAL STRUCTURE
3.2.4 SECONDARY LAND USE
3.2.5 ACCESSORY USES AND STRUCTURES
3.2.6 PERIMETER YARDS
3.2.7 STRUCTURE HEIGHT MEASUREMENT
3.2.8 ACCESS PROVISIONS
3.2.9 LOT COVERAGE
3.2.10 RESIDENTIAL DENSITY CALCULATIONS
3.2.11 FLOOR AREA RATIO (FAR) CALCULATION
3.2.12 SOLAR CONSIDERATIONS
3.2.13 STREETS
3.2.14 LOTS

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3.2.1 PURPOSE. This Division establishes regulations that will be applied uniformly to all uses, in all zones.

3.2.2 PRINCIPAL LAND USE. A principal use is a land use which is allowed in a zone as a Permitted Land Use or as a Special Exception Land Use. The principal use is generally the primary or predominant activity conducted on a parcel; however, two (2) or more principal uses can be located on the same parcel in some zones.

3.2.2.1 One (1) or More Uses, Separate Projects. One (1) or more principal uses which are conducted as separate projects on a parcel are considered individually in determining the respective Land Use Classes and development regulations.

3.2.2.2 Two (2) or More Uses, Same Project. Two (2) or more principal uses conducted as a single project, which integrates elements of the various uses, such as, but not limited to, vehicular parking, vehicular and pedestrian access, refuse collection, and loading services, as common use among the various uses in the project, shall have development requirements applied as follows.

A. Two (2) or More Uses, Same Development Designator. On projects with two (2) or more uses which have the same Development Designator, the Development Designator requirements shall be applied on the site as if there were only one (1) use.

B. Two (2) or More Uses, Different Development Designators. On projects with two (2) or more uses which have different Development Designators, the applicable development requirements shall be based on the floor area ratio (FAR) or residential density (RAC) and the lot coverage (LC) requirements calculated separately for each use. Height and setback requirements for each use shall be in accordance with the requirements of the Development Designator assigned to each use.

1. The total land area of the project site (PS) shall be equal to or greater than the sum of the site areas required for each use. The amount of site area required for each use shall be calculated using the FAR requirement of the use. For each use, the required site area (SA) is equal to the proposed floor area (FA) divided by the FAR, as in the formula (SA = FA ÷ FAR). The total project site area is calculated using the following formula: PS ≥ (FA ÷ FAR) + (FA ÷ FAR) + (repeat FA ÷ FAR for each additional use). For additional information on FAR calculations, refer to Sec. 3.2.11.

If one (1) of the uses is a residential use and the residential development is based on units per acre density requirement, the amount of site area (SA), expressed in acreage, required for the number of units proposed is determined by dividing the proposed number of units (U) by the density ratio, residences per acre (RAC), permitted on the property (SA = U ÷ RAC). The site area (SA) for the residential use added to the site area (SA) of the other uses shall be equal to or less than the total project site (PS) area. Formula: PS ≥ (U ÷ R) + (FA ÷ FAR) + (repeat FA ÷ FAR for each additional use). For additional information on residential density calculations, refer to Sec. 3.2.10.

2. On lot coverage (LC) requirements, the most restrictive LC requirement applicable to any of the uses in the project which encompasses more than twenty-five (25) percent of the project site gross floor area shall apply on the project site. For more information on lot coverage calculations, refer to Sec. 3.2.9.

Example 1. To determine how much property is needed for a project which has ten thousand (10,000) square feet (sq. ft.) in retail space with an FAR of .35, twenty thousand (20,000) sq. ft. in office space with an FAR of 0.5, and no lot coverage requirement for either use, one must determine how much site area is required for each of the uses. For the retail use site area, using the formula provided above, (SA = FA ÷ FAR) with the FA being 10,000 sq. ft. and the FAR being 0.35, the result (SA), 28,571.43 sq. ft., is the minimum site area required for the retail use. The same calculation is performed for the office use, where the FA is equal to 20,000 sq. ft. and the FAR is equal to 0.5. Once the calculations are complete for each of the proposed uses, the site areas (SA) for each use are added together (28,571.43 + 40,000). The sum, 68,571.43 sq. ft., is the minimum project site size required to accommodate the proposed uses. (See Illustration 3.2.2.2.B. Example 1.)



Example 2. To determine which LC requirement to apply if one (1) of the uses has an LC requirement of fifteen (15) percent and another requires eighty (80) percent, and the use with the fifteen (15) percent LC needs or uses twenty thousand (20,000) sq. ft. of a ninety thousand (90,000) sq. ft. site, one needs to determine if the twenty thousand (20,000) sq. ft. is fifteen (15) percent or more of the ninety thousand (90,000) sq. ft. site. This is determined by dividing the twenty thousand (20,000) sq. ft. by the ninety thousand (90,000) sq. ft. (20,000 ÷ 90,000 = .22). Since the percentage, twenty-two (22), is less than twenty-five (25) percent, the least restrictive of the LC requirements applies to the entire site. (See Illustration 3.2.2.2.B. Example 2.)



3.2.3 PRINCIPAL STRUCTURE. The structure(s) in which the principal use(s) is conducted shall be constructed in compliance with the development regulations listed for the Development Designator assigned to the principal use(s). The Development Designator is shown as a letter symbol for residential development and a number symbol for nonresidential development.

3.2.3.1 Residential Development Designator.

A. Suburban Density Matrix. Development criteria in this matrix are used for rural and suburban residential zones. The criteria provide for residential densities that are between the large lot, rural ranch development and the small lot, urban, residential development.

¹Minimum lot size listed in square feet unless otherwise stated.

²Density. For calculation, refer to Sec. 3.2.10.

³Maximum. For measurement and exceptions, refer to Sec. 3.2.7.

⁴For applicability, refer to Sec. 3.2.6.

B. Low-Density Matrix. Development criteria in this matrix are used for low-density urban zones. The criteria are primarily for the single parcel, detached, single-family dwelling.

¹Minimum lot size listed in square feet.

²Maximum. For calculation, refer to Sec. 3.2.9.

³Density. For calculation, refer to Sec. 3.2.10.

⁴Maximum. For measurement and exceptions, refer to Sec. 3.2.7.

⁵For applicability, refer to Sec. 3.2.6.

C. Medium-Density Matrix. Development criteria in this matrix provide for single parcel, single-family, attached or detached dwellings and establish lower density ranges for multiple-family structures.

¹Minimum site area listed in square feet.

²Maximum. For calculation, refer to Sec. 3.2.9.

³For calculation, refer to Sec. 3.2.10.

⁴Maximum. For measurement and exceptions, refer to Sec. 3.2.7.

⁵For applicability, refer to Sec. 3.2.6.

(Ord. No. 9780, §4, 10/14/02)

D. High-Density Matrix. The development criteria included in this matrix provide for development of high-density, multiple-family structures.

¹Maximum. Refer to Sec. 3.2.9.

²Density. For calculation, refer to Sec. 3.2.10.

³Maximum. For measurement and exceptions, refer to Sec. 3.2.7.

⁴For applicability, refer to Sec. 3.2.6.

E. High-Rise Density Matrix. The development criteria included in this matrix provide for multiple- family structures in zones allowing for the development of high-rise buildings.

¹Maximum floor area ratio (FAR). Refer to Sec. 3.2.11.

²Maximum. Refer to Sec. 3.2.9.

³Maximum. For measurement and exceptions, refer to Sec. 3.2.7.

⁴For applicability, refer to Sec. 3.2.6.

F. Residential Cluster Project (RCP) Density Matrix. The Residential Cluster Project (RCP) Development Designators provided in this matrix are for use with zones which allow the applicability of the RCP provisions of Sec. 3.6.1. Some of the Development Designators provide for Development Alternatives A or B. As provided in Sec. 3.6.1.3.A, Development Alternative A is utilized on RCP projects which are not proposed to be developed with a density increase from that permitted by the underlying zoning on non-RCP projects. Development Alternative B which provides for a density increase may be utilized only if the RCP designator assigned to the zoning of the property provides for it, and the project complies with Sec. 3.6.1.3.B.

¹In the SR zone, a one (1) acre minimum lot size, in addition to the site size, is also required.

²Refer to Sec. 3.6.1.4.B.

³Refer to Sec. 3.6.1.4and Sec. 3.2.6.

3.2.3.2 Nonresidential Development Designator. The development criteria included in these matrices are applied as required in the specific zone primarily for nonresidential uses.

A. Located in Residential Zones. The development criteria included in this matrix are primarily for application on nonresidential uses when permitted in residential zones. These Designators are also applied to a limited number of uses in nonresidential zones.

¹Minimum site area in square feet unless otherwise stated.

²Maximum floor area ratio (FAR). Refer to Sec. 3.2.11.

³Maximum. Refer to Sec. 3.2.9.

⁴Maximum. For measurement and exceptions, refer to Sec. 3.2.7.

⁵For applicability, refer to Sec. 3.2.6.

(Ord. No. 9102, §2, 8/3/98)

B. Located in Nonresidential Zones. The development criteria included in this matrix are primarily for application on nonresidential uses when permitted in nonresidential zones.

¹Minimum site area in square feet unless otherwise stated.

²Maximum floor area ratio (FAR). Refer to Sec. 3.2.11.

³Maximum. For measurement and exceptions, refer to Sec. 3.2.7.

⁴For applicability, refer to Sec. 3.2.6.

⁵Unless a greater height is permitted by the Sign Code.

(Ord. No. 8610, §1, 11/27/95)

3.2.4 SECONDARY LAND USE. Land use activities that are allowed as Secondary Land Uses to a principal use are subject to the provisions described below.

3.2.4.1 Development Criteria. Any land use permitted as a secondary use shall be developed within the requirements of the Development Designator of the Principal Land Use, but all other development requirements of Article III are based on the specific Secondary Land Use.

3.2.4.2 Review. All proposed applications for Secondary Land Uses shall be submitted for zoning compliance review and approval. Compliance with requirements for a Secondary Land Use and with requirements of the zone are required for approval. (Ord. No. 9392, §1, 5/22/00)

3.2.5 ACCESSORY USES AND STRUCTURES. Those land uses and structures associated with, and incidental to, a principal structure are accessory and subject to the provisions described below.

3.2.5.1 Accessory Uses. An accessory use must comply with the following.

A. The use is incidental to the principal use and is located on the same parcel as the principal use;

B. The use is intended for the occupants, residents, customers, employees, or guests of the principal use; and

C. The use does not substantially alter the exterior appearance or character of the principal use or structure to which it is incidental.

D. Animals may be kept for personal use in all zones subject to Tucson Code, Chapter 4, and any applicable health regulations. (Ord. No. 8808, §1, 1/27/97)

3.2.5.2 Accessory Structures. In all zones, the structures used for accessory uses shall comply with the following.

A. An accessory structure can be built only on a lot occupied by a principal structure or use.

B. An accessory building shall be developed in conformance with the requirements of the Development Designator of the Principal Land Use, but all other development requirements of Article III are based on the specific Accessory Land Use. (Ord. No. 8582, §1, 9/25/95)

C. An accessory structure, which exceeds the allowable height of a wall within a perimeter yard and is detached from a principal structure, shall comply with the perimeter yard width requirements of the principal structure, except that the accessory structure may be built to a parcel line with the consent of the adjoining or, when separated by an alley, adjacent property owner(s). Accessory structures, such as light poles, flagpoles, and other tall and narrow structures that are similar, are exempt from the setback requirement. (Ord. No. 9374, §1, 4/10/00)

D. An accessory structure, except for a stable or enclosure for animals, may be attached to a principal structure, provided that its construction complies with the development requirements of the principal structure.

E. The use of solar energy collectors for the purpose of providing energy for heating or cooling is permitted in all zones, whether as part of a principal structure or as an accessory structure. Such solar collection devices shall not be included in computing lot coverage. (Ord. No. 9179, §1, 12/14/98)

F. This Section is not intended to apply to buildings of five (5) feet or less in height and ten (10) square feet or less in area, such as doghouses or refuse container enclosures, nor to play equipment.

G. All structures for animals must be set back at least fifty (50) feet from all property lines, except corrals which must be set back ten (10) feet from all property lines.

H. The maximum height of a wall or fence within a perimeter yard is six (6) feet; however, the wall or fence may be higher than six (6) feet, but no higher than ten (10) feet, if: (See Illustration 3.2.5.2.H.)

1. At least seventy-five (75) percent of the area above six (6) feet in height is left unobstructed and open through the use of architectural elements, such as arches, columns, or wrought iron, or

2. Part of, or located on top of, a retaining wall no higher than ten (10) feet measured from design grade and no higher than six (6) feet measured from the top of the retaining portion of the wall, or

3. A greater height is required through the rezoning process or the Special Exception Land Use process, or

4. A greater height is required by a specific regulation in the LUC.

(Ord. No. 8582, §1, 9/25/95; Ord. No. 9293, §1, 9/27/99)



I. In nonresidential zones, walls or fences, as permitted in H. above, may exceed the height requirements, provided the wall or fence complies with perimeter yard requirements applicable to buildings on the site. (Ord. No. 8582, §1, 9/25/95)

3.2.5.3 Specifically Within Residential Zones. The structures used for an accessory use within a residential zone shall comply with the following.

A. An accessory structure shall not be a dwelling unit but may be a building that is used as sleeping quarters by the residents of the dwelling unit in accordance with Sec. 3.2.5.1.A and .B. The sleeping quarters may include bedrooms, bathrooms, and a sitting room, provided the structure complies with Sec. 3.2.5.1.C and is not the dominant use of the property. (Ord. No. 8808, §1, 1/27/97)

B. Accessory structures shall not exceed twelve (12) feet in height, unless attached to a principal structure. If attached to the principal structure, maximum height permitted is the same as for the principal structure.

C. Detached accessory structures are not allowed in the buildable area extending the full width of the lot between the principal structure and the front street lot line, except for terraces and steps not over three (3) feet high above the natural grade, paved areas, and fences or walls.

(Ord. No. 8582, §1, 9/25/95)

3.2.5.4 Specifically Within Nonresidential Zones. The structure used for an accessory use within a nonresidential zone shall comply with the following.

A. An accessory structure shall not be occupied as a dwelling, except as a caretaker's facility.

B. Accessory structures shall not exceed the height limitation of the principal structure.

C. The area of a site occupied by an accessory use or structure shall be included as part of the lot coverage calculation.

3.2.6 PERIMETER YARDS.

3.2.6.1 Purpose. This Section establishes use separation criteria based on the need for open space, solar access, and privacy and on minimizing negative visual impacts between developments.

3.2.6.2 Application. A perimeter yard shall be provided along all lot lines. The minimum width of the perimeter yard required for each development is based on the zoning classification of the adjacent parcel(s) along each individual lot line and is listed in Sec. 3.2.6.4.

3.2.6.3 Measurement. The width of the perimeter yard is the distance measured horizontally from a specified point to the face of each exterior building wall at the wall's highest point. The specified point is the property line when it is an interior property line. Along a street property line, the specified point is described in Sec. 3.2.6.5. (See Illustration 3.2.6.3.)

A vertical structural member(s) (i.e., post, column, dormer wall) supporting a roof extension from the principal structure is considered a wall for applying perimeter yard requirements.

The perimeter yard may have different widths at various points along the same property line, because the perimeter yard width is measured to the face of each vertical exterior surface of the building.

On cul-de-sac and eyebrow front lots, the minimum street perimeter yard depth may be measured from a straight line drawn between the front lot corners, rather than measured directly from the curved front property line, except as provided in Sec. 3.2.6.5.B.2. In no case, however, shall the minimum street perimeter yard be reduced in excess of fifty (50) percent by this alternative measurement.

Where an unbroken section of a wall or a building is not parallel with the lot line, the required perimeter yard may be applied to the average width; however, such perimeter yard shall not be narrower at any point than half the required width, nor narrower at any point than three (3) feet.

3.2.6.4 Perimeter Yard Width Matrix. The following matrix provides for perimeter yard widths that are applicable with the Development Designator provisions of Sec. 3.2.3.1 and Sec. 3.2.3.2.A and .B. When using the Development Designator provisions of Sec. 3.2.3.1.F, Residential Cluster Project Density Matrix, these perimeter yards apply only to the site boundaries. (See Illustration 3.2.6.4.)